How easy or complex is it to damage one's credit rating?

[mamamia2]

What is the name of your state (only U.S. law)? New York

My daughter is renting an apartment in New York City and her landlord turns out to be a real jerk who demands his money on the very 1st of the month, but neglects and even refuses to fix problems in his property. The latest issue is rain water leaking into her unit.... After numerous incidents and repeated requests, my daughter wrote the landlord an email telling him that she will stop paying rent until he makes the necessary repairs to stop the leakage. The next day he showed up defiantly in her apartment, telling her she can leave if she wants.

My daughter is planning to file a complaint against this landlord at the NY Housing Court, but meanwhile, the question is, if she stops paying rent, how easy or difficult would it be for this guy to evict my daughter, but even more crucial — damage my daughter's credit rating (which is excellent)?

Thanks!

 

[Gail in Georgia]

A landlord cannot evict anyone; only a court can grant an actual eviction.

The most common reasons for eviction ARE for failure to pay rent. And these judgments do show up on credit reports.

All states provide different options for tenants regarding repairs that landlords fail to address in a timely manner. In some states rent can be withheld AND placed in escrow in the court system as a "good faith" gesture on the part of the tenant that they have every intention of paying rent once the repair issue has been addressed. It is important that your daughter research her options prior to withholding rent.

As a general rule before it reaches this stage there much be an attempt (in WRITING so your daughter has documentation of such) that she has notified the landlord of the repair issue and given him/her a reasonable amount of time to address this issue prior to going to the next step.

In other words, rent withholding is a serious matter and one that does open the tenant up to the possibility of eviction IF rent withholding is not allowed in a particular state.

Gail

 

[BL]

YouAreGuilty is familiar with NYC ..

Having said that she should NOT stop paying rent .

She should STOP calling and Emailing and DO send written/Typed repair request ,signed and dated , one Reg. mail ( keep a copy )and one RRR Certified mail . If the Certified is picked up by the LL , also keep that receipt. If the certified is not picked up , do not open it upon it's return ,but do keep all recepts and the unopened mail . Then call and contact the proper agencies to file a complaint for inspections ( Code Inspection of the Property ).

If the leak is that bad - give code enforcement a call ..

See: Pg. 18 - Warranty Of Habitability

http://www.ag.ny.gov/sites/default/files/pdfs/publications/Tenant_Rights_2011.pdf

http://www.housingnyc.com/html/resources/attygenguide.html#1

 

[mamamia2]

Thanks so much for the advices. I will let my daughter read and decide what to do.... My daughter has been renting places without ANY problems in the past, but this guy is really bad... The lease is ending in a couple months, so if the guy still doesn't repair his roof, what about my daughter's security deposit? Since we don't trust this shady guy to return it in full (when my daughter first got the apartment she took some pictures, which the landlord clearly did not appreciate...), what risks is she taking if she doesn't pay her last rental payment, let the guy use her security deposit instead?

 

[BL]

Thanks so much for the advices. I will let my daughter read and decide what to do.... My daughter has been renting places without ANY problems in the past, but this guy is really bad... The lease is ending in a couple months, so if the guy still doesn't repair his roof, what about my daughter's security deposit? Since we don't trust this shady guy to return it in full (when my daughter first got the apartment she took some pictures, which the landlord clearly did not appreciate...), what risks is she taking if she doesn't pay her last rental payment, let the guy use her security deposit instead?

No,security deposit are used for damages and unpaid rent.

Not to unilaterally be used by the tenant for rent payment.

If rent goes unpaid outside the boundries of the LL/Tenant Laws , the LL could still file an eviction.

If the court grants the eviction, it will be on her record.

Tough the LL didn't like her taking move in pictures.

She needs to make sure if she does not want to re-new the lease ,she follows proper notice to the LL.

On move out with an empty Apt. she needs to take plenty of pictures ,prepare a move-out inspection list - Room by room - the condition , walls ,floors,windows ,window screens , stove ,frig.,appliences , med. cabinents -you get the picture. She could note the conditions on move in as well .( if the LL is not willing to go through and do one with her ).

Make sure it is in the condition it was in on move-in ,less nomal werear and tear.

If the LL tries to keep the SD for bogus charges ,she can send a letter RRR Certified disputing the deductions , and request it's return/partial return.If the LL insist the deductions are valid and she does not,small claims court is next.

 

[mamamia2]

Thanks so much, BL.

 

[BL]

Thanks so much, BL.

You are welcome.